Gilliam v. State

I concur because I am bound by the Thomas v. State, 583 So.2d 336 (Fla. 5th DCA 1991) decision. However, I am moved to say that a reading of the transcript clearly shows this appellant was arrested and jailed for riding his bell-less bicycle merely in order to permit a search incident to arrest. Had appellant been given a summons (“ticket”) no search would have been lawful. Thus it appears appellant’s arrest was pretextual. That is, the arrest was made for a most trivial municipal ordinance violation in order to see if anything incriminating could be found. Pretextual searches cannot be…